论社会安全权

On the Right to Social Safety

社会安全权是社会权下的一种权利类别,以保障所有人都能获得最低限度的生活保障为根本宗旨。具体而言,社会安全权表现为三种主要的权能类型:一是社会保障权,指公民在因伤残、疾病、年老、失业等风险事故下,由国家通过财政支出而保护其生存的权利,其核心是物质帮助权;二是社会救助权,指人们在遭受突发事故及无力应对的特殊情况时,请求国家给予物质或行为帮助的权利,如自然灾害下的国家救助;三是社会保险权,指劳动者由于年老、疾病、失业、伤残、生育等原因失去劳动能力或劳动机会而没有正常的劳动收入来源时,通过国家社会保险制度获得物质帮助的权利。现代法律组合此三类权利构成人们的社会安全网,解除人们生活、生存上的后顾之忧。

As one of the social rights, the right to social safety is to guarantee the minimum living allowance for everyone as its fundamental purpose. Specifically, the right to social safety demonstrates three types of function: firstly, the right to security, which essence is right to material assistance, refers to the rights of citizens entitled to living secured by the state fiscal expenditures under the risk accidents, such as injury, sickness, oldness, unemployment, etc.;secondly, the right to social assistance, refers to the right of claim for assistance of materials or acts provided by the state, in special situations of sudden incident and weak coping with;thirdly,the right to insurance, refers to the right of labors of material assistance secured through the state social insurance system, in the situations that labors have no regular source of labor income in lack of labor competency or opportunity due to causes like oldness, sickness, unemployment, disability, childbirth, and so on. The three types of rights are combined in modern laws to construct the social safety net for people, as an antidote to fear of living and survive.